Ms. Sarah said:
There's a detailed definition of what constitutes 'sexual services' on page five of this paper.
"To determine whether a particular act constitutes a “sexual service for consideration” or “prostitution”, the court will consider whether the service is sexual in nature and whether the purpose of providing the service is to sexually gratify the person who receives it. Specifically, a contract or agreement, whether express or implied, for a specific sexual service in return for some form of consideration is required. In particular, the consideration must be contingent on the provision of a particular sexual service and the contract or agreement must be entered into before the sexual service is provided. Sexual activity involving no expectation of getting paid for the services provided does not meet the test. Sexual activity in the context of ongoing relationships also fails to meet the test, unless the evidence shows that the alleged consideration was contingent on the provision of a particular sexual service. In one case, gifts given to the complainant were not viewed as consideration for sexual favours rendered, but rather as gifts given “dans le cadre plus large de la relation affective entre l’accusé et le plaignant”. Another case held that the phrase “sexual services for consideration” is not intended to apply to consensual actions between those having an affinity towards one another.
The following activities have been found to constitute a sexual service or an act of prostitution, if provided in return for some form of consideration: lap-dancing, which involves sitting in the client’s lap and simulating sexual intercourse; masturbation of a client in the context of a massage parlour, whether or not the client climaxes; and, sado-masochistic activities, provided that the acts can be considered to be sexually stimulating/gratifying. However, jurisprudence is clear that neither acts related to the production of pornography, nor stripping meet the test. In most cases, physical contact, or sexual interaction, between the person providing the service and the person receiving it is required; however, acts for which consideration is provided that take place in a private room in a club and that are sexual in nature, but do not involve physical contact between the “client” and “performer”, such as self-masturbation, have been found to constitute prostitution."
